Did the triple divorce occur? What is the ruling on expiation for the second divorce? Is a حلَّال (Tahlil) marriage required for the wife to return to her husband if the triple divorce occurred?
If a husband suspends his wife's divorce upon a condition, then the divorce occurs when the condition is met, regardless of whether he intended to effect the divorce or merely to threaten. This is contrary to Ibn Taymiyyah, who holds that an expiation for an oath (kaffarat ) is necessary if he did not intend to effect it. The reference point for determining what the suspension is based on is the husband's intention. If the husband suspends his wife's divorce upon her visiting his family unconditionally, then he has broken his oath, unless he intended to restrict that. If the wife calls forgotten, the preponderant opinion is that the divorce does not occur, and the husband's statement "it counted as one divorce" does not effect a divorce. If the suspension of divorce was intended to effect it, then the of expiation for an oath is not valid. If it is impossible for the wife to fulfill the condition, such as visiting her mother and breaking her fast there, then the divorce does not occur. In the event of three divorces, the wife becomes irrevocably divorced (baynunah kubra) and is not permissible for her husband until she marries another man. It is recommended to present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 136796
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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